When the family courts have to resolve custody disputes, the focus is on what might be best for the children. In many cases, the courts operate under the presumption that arranging for the parents to share parental rights and responsibilities is the best possible outcome. Most parents have to share custody no matter how frustrated they are with that arrangement.
A parent seeking sole custody for the protection of their children needs compelling evidence supporting their request. They have to convince the courts the other parent cannot meet the needs of the children or poses a threat to them.
Parents with substance abuse issues can become volatile and abusive. They can also neglect their children because of their impairment. If one parent can convince the courts that the other has a current substance abuse issue, that could influence the outcome of custody proceedings.
What kind of evidence can help those worried about their spouse’s substance abuse?
Official documentation
The most compelling evidence comes from an authoritative source. Police reports related to drug offenses or impaired driving allegations can be a useful source of evidence. Court records showing recent convictions can also be helpful.
Medical documentation can also help affirm allegations that someone has substance abuse issues. Treatment for overdoses or prior attempts to overcome a substance abuse disorder, as well as documentation showing secondary consequences of drug use, including cardiac damage, could show the courts that there is reason for concern.
Witness testimony
Not everyone who struggles with addiction gets arrested or ends up in the hospital. Some people are functional addicts who are able to hide their issues from other people.
However, neighbors, coworkers and family friends may have witnessed them engaging in risky behavior or showing up to events while under the influence. Other people may be able to corroborate claims that an individual has let their substance abuse affect daily life and their parenting.
Those trying to protect their children from unstable and dangerous scenarios may need help to develop a viable strategy before they go to family court for a child custody matter. Protecting children from the long-term consequences of addiction is often an achievable goal when people have the right strategy from the earliest stages of their custody disputes.
